Looks like the Todd Wade saga is heating up. The former pro football player won the Republican Primary for Senate District #9 in August. The Election Commission met on September 9 to make several decisions before the November general election. Attorney General Jim Hood, Governor Haley Barbour, and Secretary of State Delbert Hosemann are the commission. The Northeast Mississippi Daily Journal reported
"Wade, 34, was the only candidate who qualified to run against incumbent Gray Tollison, D-Oxford. Tollison did not contest Wade's qualifications, but the Secretary of State's office discovered during its routine check of all candidates that there was no record of Wade registering to vote before September 2010 in Lafayette County.
The Constitution requires candidates to have been a qualified elector of the state for four years.
"I am opposed to pulling anybody off the ballot," said Hosemann. "If I could have found any modicum of evidence .... I could not find anything indicating he was a registered elector before last September."
Wade signed an affidavit saying he registered to vote about 15 years ago while a senior in high school. Rankin County Circuit Clerk Carol Swilley signed an affidavit saying there was "the possibility for human error" in accounting for the fact that there is no record of Wade registering to vote in Rankin County.
When Wade registered to vote in Lafayette County in September, he did not fill out a portion of the form asking if he was registered to vote at a different address. Wade told the commission he did not pay attention to that portion of the form."
Well, let the games begin. Wade fired his lawyers and obtained new counsel. His website accuses Delbert of using his candidacy as a "stepping stone":
"Many people believe that Hosemann plans to seek higher office in years to come, but we will not allow him to illegally use his political opposition as stepping stones to achieve that goal."
"Todd Wade registered to vote in his senior year of high school (1995), and he has been a resident of Lafayette County since returning from the NFL in January 2009. He has voted regularly since returning, and Hosemann and Hood have acknowledged this. Thus, he is constitutionally qualified and entitled to run for Senate. That is the reality of the situation."
Mr. Wade (no relation to KIM Waaaaaaade) cites Mississippi Code § 23-15-963 in support of his position:
"(1) Any person desiring to contest the qualifications of another person …shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election …
The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office…"
"After quoting some law he opined: "The primary occurred on August 2; thus, Mississippi law states that the last day to challenge a candidate was September 2. Further, Mississippi law requires any challenged candidate to receive two days notice of his challenge. This is called due process. Hosemann gave Wade just under two hours notice, and, had Wade not been on his way to Jackson, Hosemann and Hood would have made this decision without even allowing Wade to be present. When presented with this law, Hosemann said, “This Commission has special powers, and we’re going to figure out what those are.” Well, you needn’t look far because they are clear."
and concluded:
"Wade was fully qualified, and Delbert Hosemann decided to be investigator, judge, jury, and executioner in appointing Wade’s opponent to the District 9 Senate Seat. He unequivocally took that vote away from the public and granted it to himself. Thousands of voters have been disenfranchised by Hosemann’s actions, and his only explanation for his actions is that he has “special powers.”
No elected official should have the audacity to claim to have “special powers” to violate the laws of the State of Mississippi, but, as of now, Hosemann has gotten his way.
It is just this type of political maneuvering and disrespect for the voters that Wade sought to oppose as a newcomer to public service, but, for some unknown reason, Hosemann has chosen his own desires over the plain language of the law."
However, over at Y'all Politics, Frank Corder, who replied to an emailed request yesterday he had performed work for Mr. Hosemann's office on the Tidelands Commission last summer, wrote a stern editorial defending Mr. Hosemann:
"Secretary of State Delbert Hosemann should be commended for carrying out his duty as the chief elections officer in the state, even at the detriment of his own political party....
The citizens of Senate District 9 deserve a candidate that meets the qualifications to hold the seat and one that has a track record of being involved in the electoral process. The Mississippi Constitution Article 4, Section 42 should be strictly followed and enforced by the Board. Barbour/Bryant and Hood should join Hosemann in ensuring the law is upheld, in practice and spirit, and make a determination based on law and not political expediency.
Further, not voting since his senior year in high school does not show commitment or concern on Wade's part. This is troublesome and indeed unfortunate for the people in SD 9 and the conservatives who have worked to flip this seat.
While Republicans would love to unseat Democrat Sen. Gray Tollison, this is not the proper way. The rule of law outlined in the Mississippi Constitution must be upheld over political will..." (Um, why didn't he vote once during those fifteen or so years?)
However, State GOP Grand Poobah Arnie Hederman jumped into the fray in a letter to Mr. Hosemann (and this letter was not mentioned on YP)arguing not Mr. Wade was a qualified voter Lafayette County but Mr. Hoseman violated the law himself by challenging his candidacy after the deadline:
"The Secretary of State has the same right as any citizen to challenge the qualifications of any individual candidate, but it should have been done in a timely fashion according to Mississippi Code Section 23-15-963. As Chairman, it is my responsibility and duty to defend the Party’s interest in this case. This is not about Todd Wade, but a matter of election law and due process. The Election Commission’s 2-1 vote to remove a certified candidate from the ballot is unprecedented and unfair to all political parties and candidates. The State Executive Committee correctly certified Todd Wade; Governor Haley Barbour and Lt. Governor Phil Bryant agreed with your decision by voting to allow Todd to stay on the ballot.
Since you sit on the Committee that initially certified Todd Wade, I wanted to provide you with the events leading up to Todd’s removal from the ballot, as well as the section (below) from the Mississippi Code related to contesting candidates in the general election..." Letter
Needless to say, this decision by Mr. Hosemann has Republicans in an uproar. Stay tuned. This one is going to court.
Note: If you want to have some fun, read this comments calling Delbert a Democrat.
17 comments:
Oh great...someone who cares so little about his community, state and nation that he couldn't be bothered to vote is going after one of the best candidates his party has.
I convinced that Mr. Wade's judgment and loyalty is so impaired that I'm taking note never to vote for him for anything.
This is HIS mistake, HIS problem and he is looking to blame someone else for HIS failures. His lack of attention to details is also troubling.
Grow up , Mr. Wade. It's not ALL about you.
Oh great...someone who cares so little about the law that he couldn't be bothered to follow it on the state election commission is going after one of the best senate candidates his party has.
I convinced that Mr. Hosemann's judgment and loyalty is so impaired that I'm taking note never to vote for him for anything.
This is HIS mistake, HIS problem and he is looking to blame someone else for HIS failures. His lack of government restraint and power grabbing is also troubling.
Grow up , Mr. Hosemann. It's not ALL about you.
Calling Todd Wade one of the best candidates the R's have is funny. Old school Chevy Chase funny. Caddyshack funny. Side-splitting hysterics.
Get real. Todd Wade is no more the future of the R's than my golden retriever is. Hell, she may even be a better choice. I can at least attest to the fact that's she's never gotten physically violent with anyone or anything, including her fleas. That, and she's smart...which if Todd was a mental giant like my dog he would've registered to vote and, you know, actually gave a shit a voted in a/any race within the past 15 years since he "registered".
I don't understand why the commotion. Todd wasn't qualified. It was a mistake he was allowed to run. What kind of mess would we be in if by some misfortune he would've actually won? I've seen the damage that guy can do when (un)provoked, and would happily take a D representing me over him eight days a week. What's Hederman's angle anyways?
Kingfish, where'd you hear this:
"Wade fired his lawyers and obtained new counsel. "
Who'd he hire?
Here
Don't know Todd Wade and have no allegiance to him other than our both being Republicans. However, if there's any reasonable chance that he's a qualified elector for four years in the state - and I believe there is - I think the voters should be allowed to choose their Senator. SEMS is fallible - anyone who's sat through the post election counting of absentee and affidavit ballots knows this. There's a reasonable chance that the Rankin County records have been lost or destroyed, and that means that the Election Commission needs to err on the side of the voters. This ruling is especially troublesome since the incumbent didn't make a challenge, so I think Mr. Wade should be put back onto the ballot. If not, the state Republican Party needs to be allowed to replace him. Bill Billingsley
If Mr. Wade has been voting regularly since returning to Mississippi in 2009, was there any occassion prior to September, 2010 that he voted? Also, when were the Rankin County Voting Rolls last purged? And, did he happen to register under "motor voter"?
Although it does not excuse the fact that Mr. Wade did not take the time to go the absentee ballot route, let's not act like he simply was too lazy to stop by the local voting booth because he didn't care. He testified he was registered in Rankin County where is parents live. He lived in Oxford for 5 years in college followed by 9 years combined in the following cities playing NFL football: Miami, Houston, D.C., and Jacksonville. It's not like November is in his offseason either. Again, I'm not saying he was in the right but I'd be willing to bet a very small percentage of you would have taken the time to fill out an absentee ballot had you been in the same situation. It is a good reason but not an excuse.
Regarding the comment "it's not all about you Mr. Wade," it is very obvious that you know next to nothing about Todd. By that comment I will assume you are of a young age and I'll chalk it up to immaturity.
His argument is pretty simple. He was approved to run by the elections commission & the republican party. By law there is 31 days to challenge the elgibility of a candidate. He was disqualified well after the 31 days had expired. Obviously there is a little more to it as well. If he feels like he was wronged why would he not appeal? He & volunteers have spent many hours campaigning and fundraising and his campaign was picking up steam. Not to mention the tens of thousands of dollars already spent by his campaign.
When yo loom at the facts that have been presented so far it is a no-brained to appeal.
5:17 read again..." one of the best candidates is Hoseman"...Wade is going after Hoseman.
SIGH
Anderson Crawley and Burke is a worker's compensation defense law firm. Must be a pro bono deal.
I'm officially " old" according to the government, and I've voted in EVERY election and primary. I was in college ,graduate school and then a military wife and still voted.
It wasn't HARD. Failure to obtain an absentee ballot IS laziness. To make the argument that it's difficult is apparently hoping those who have never had to get an absentee ballot or who never bothered will believe it's a major hassle when it isn't.
Voting drives by both parties on college campuses took place EVEN in the Dark Ages when I was on campus so as to get students registered. Such drives are far more effectively designed and better organized on college campuses since 18 year olds were allowed to vote.
Most coaches I know ( and yes, I personally know coaches since my father was a professional athlete) are patriotic enough to encourage their players to vote.
There is no record of Wade VOTING ever, not JUST his college/NFL years. AND,didn't he, unlike me, get to vote at 18 when he was still in HIGH SCHOOL and NOT on campus or in the NFL? Didn't HIS parents encourage him to exercise his right to vote as I encouraged my children when they turned 18?
When I have moved to a new city or state after my husband changed jobs, the first things we do is get a new drivers' license and register to vote.
I , frankly, don't care about the 31 day period and would agree in principle with Mr. Billingsley if that were the only issue. But, I do care that Mr. Wade seems willing to blame others for HIS mistake and failure, including not following instructions.
I also expect that each party advises their candidates on the requirements.
IF Mr. Wade or the parties don't like the legal requirements and believe a party should be able to field another candidate for fairness when their candidate proves inept then work to CHANGE the law.
But, I especially object to the rather common practice these days of making excuses for those who don't act responsibly. The party should be angry with Mr. Wade, not making excuses for him.
Mr. Wade may have many redeeming qualities but being able to acknowledge a mistake without blaming others isn't, apparently, among his favorable attributes. And, in an elected official, I find THAT attribute especially important and the LACK of that attribute one of the reasons our Nation is in such a mess!
Delbert ignored a long list of Democrats with qualification issues (like Bobby Moak, Diane Peranich, Kelvin Buck and Kimberly Campbell Buck) and made his challenge after the deadline for it had passed. He is the best thing the Mississippi Democratic Party has going!
The State Election Commission is required to approve of a final ballot to be used in all electiions, from statewide to local. The only deadline they have to meet is being done in time for the counties to print absentee ballots, and that's more a procedural deadline than one written into law. By virtue of what they are tasked with doing, they DO have the right to examine the ballot and determine if anyone shouldn't be on there.
Wade's issue was whether or not he's been a qualified elector for the appropriate amount of time -- the issues of those Democrats were related to residency. There is no good, clear definition of "residency" in the Code. There are many different items that local officials use to determine residency, but the Code really is no help here. However, the Code is perfectly clear about the amount of time a person has been an elector.
Blaming the issue on SEMS is a red herring. All the data that is in the Statewide Elections Management System was uploaded DIRECTLY from the counties and reviewed by them. It's an example of "garbage in, garbage out." If Lafayette County says there MIGHT have been an error in the records, then it's their fault and the records wouldn't have been any different under their previous system (which, I believe, ran off an AS400 which I think is powered by bellows).
Where the law is clear, the State Election Commission has no choice but follow it -- and if Mr. Wade cannot PROVE he was a qualified elector for the required amount of time, he has no business being on the ballot. They can't just take his word, even if her REALLY promises he's telling the truth and pinkie-swears and everything.
The idea that Hosemann is a Democrat is enough to make milk come through my nose, if I were drinking milk. Pity the Mississippi GOP if a statewide official's conservative pedigree is now to be determined by petulant individual candidates who didn't get their way.
I believe, ran off an AS400 which I think is powered by bellows).
Ha Ha.......good one.
Actually, pretty sure the AS400 is coal fired.
Well said 8:59 and 9:53
"Actually, pretty sure the AS400 is coal fired."
That must have been one of the later models.
Frugal 9:53; great post.
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